{"id":11815,"date":"2025-03-03T13:19:51","date_gmt":"2025-03-03T13:19:51","guid":{"rendered":"https:\/\/pmrsa.pl\/?p=11815"},"modified":"2025-04-11T13:17:26","modified_gmt":"2025-04-11T13:17:26","slug":"consumer-agreement-chance-to-keep-the-property","status":"publish","type":"post","link":"https:\/\/pmrsa.pl\/en\/consumer-agreement-chance-to-keep-the-property\/","title":{"rendered":"Consumer agreement - a chance to preserve real estate"},"content":{"rendered":"<p class=\"wp-block-paragraph\"><strong>You do not have to be an entrepreneur to enter into an arrangement with creditors. A private debtor (consumer) who has become insolvent and is unable to pay his or her due debts may apply to the bankruptcy court to open proceedings for the conclusion of an arrangement at a meeting of creditors.<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Many people associate consumer bankruptcy with the complete liquidation of assets, including, for example, an apartment or a house where they live with their family. Meanwhile, the law also provides an alternative solution \u2013 <strong>consumer arrangement<\/strong>, which allows insolvent people to avoid selling all their assets and repay their debts on changed, more favourable terms.<\/p>\n\n\n\n<figure class=\"wp-block-image size-full is-resized\"><a href=\"https:\/\/pmrsa.pl\/en\/economic-bankruptcy\/\"><img fetchpriority=\"high\" decoding=\"async\" width=\"775\" height=\"185\" src=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/01-upadlosc-gospodarcza.jpg\" alt=\"\" class=\"wp-image-11827\" style=\"width:779px;height:auto\" title=\"\" srcset=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/01-upadlosc-gospodarcza.jpg 775w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/01-upadlosc-gospodarcza-300x72.jpg 300w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/01-upadlosc-gospodarcza-768x183.jpg 768w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/01-upadlosc-gospodarcza-18x4.jpg 18w\" sizes=\"(max-width: 775px) 100vw, 775px\" \/><\/a><\/figure>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"has-text-align-center wp-block-paragraph\"><strong>Listen to what the consumer agreement is.<\/strong><\/p>\n\n\n\n<figure class=\"wp-block-audio aligncenter\"><audio controls src=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/Podatek-PIT-w-fundacji-rodzinnej-\u2013-kto-zaplaci-a-.mp3\"><\/audio><\/figure>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In this article, we explain what a consumer agreement is, what the conditions are for its conclusion, and what benefits it can bring to the debtor and creditors. We also discuss the process of approving the agreement by the court, its implementation, and the role of the court supervisor. If you are facing financial problems, it is worth getting to know this form of debt restructuring as a real chance to get out of a difficult situation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Contents:<\/strong><\/p>\n\n\n\n<div class=\"wp-block-aioseo-table-of-contents\"><ul><li><a href=\"#aioseo-czym-jest-uklad-konsumencki\">What is a consumer agreement?<\/a><\/li><li><a href=\"#aioseo-wymogi-formalne-wniosku-i-sposob-jego-zlozenia\">Formal requirements of the application and the method of its submission<\/a><\/li><li><a href=\"#aioseo-kto-moze-zlozyc-propozycje-ukladowe\">Who can submit arrangement proposals?<\/a><\/li><li><a href=\"#aioseo-przykladowe-propozycje-ukladowe\">Examples of arrangement proposals<\/a><\/li><li><a href=\"#aioseo-czy-mozna-wstrzymac-likwidacje-majatku\">Is it possible to suspend the liquidation of assets?<\/a><\/li><li><a href=\"#aioseo-okres-wykonania-ukladu\">The period of execution of the system<\/a><\/li><li><a href=\"#aioseo-zakonczenie-postepowania-i-wynagrodzenie-syndyka\">Completion of the proceedings and the trustee&#039;s remuneration<\/a><\/li><li><a href=\"#aioseo-rola-nadzorcy-sadowego\">The role of the judicial supervisor<\/a><\/li><li><a href=\"#aioseo-podsumowanie\">Summary<\/a><\/li><\/ul><\/div>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><a href=\"https:\/\/pmrsa.pl\/en\/consumer-bankruptcy-consequences\/\" title=\"\">Consumer bankruptcy<\/a> is often seen as a process leading to the liquidation of the debtor&#039;s assets and complete debt relief. However, bankruptcy law also provides for the possibility of concluding an arrangement, which may allow for a more flexible solution to the debt problem. In this article, I will present the basic principles of a consumer arrangement in bankruptcy proceedings. A consumer arrangement is a legal institution that allows individuals who have found themselves in a state of insolvency to restructure their debts within the framework of bankruptcy proceedings. Thanks to this solution, the debtor can avoid the complete liquidation of their assets and work out a compromise with creditors, which allows them to gradually repay their debts on the terms specified in the arrangement. The possibility of concluding an arrangement arises when the debtor is in a state of insolvency, but their financial situation allows them to settle their liabilities thanks to modifications made to the terms of their repayment.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"aioseo-czym-jest-uklad-konsumencki\"><strong>What is a consumer agreement?<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Consumer arrangement in <a href=\"https:\/\/pmrsa.pl\/en\/what-is-consumer-bankruptcy\/\" title=\"\">bankruptcy proceedings<\/a> is an agreement between the bankrupt and their creditors regarding the repayment of liabilities in a specific manner. It may consist of dividing the debt into installments, deferring payment deadlines, partial cancellation of liabilities or other solutions adapted to the financial situation of the debtor.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Concluding an arrangement allows the bankrupt to avoid the complete liquidation of their assets, which may be beneficial, especially when the bankrupt has valuable assets (e.g. real estate) that would be sold in the event of liquidation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In order to conclude an arrangement, the debtor who is a consumer applies to the competent bankruptcy court to open arrangement proceedings at a meeting of creditors.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">According to the applicable provisions, the bankruptcy court may also refer the debtor who has filed a bankruptcy petition to proceedings for approval of an arrangement at a meeting of creditors, unless the debtor has made a statement in the bankruptcy petition that he does not consent to participate in the arrangement proceedings at a meeting of creditors. The factor that determines whether the court will refer the debtor to such proceedings is the debtor&#039;s earning capacity and professional situation, based on which the court assesses the debtor&#039;s ability to cover the costs of the arrangement proceedings and to execute them without harming the creditors.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong><em>Practical example \u2013 how does the consumer arrangement work?<\/em><\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><em>Mr. Marek, a 45-year-old teacher, had been taking out loans for years to renovate his apartment and treat a sick family member. At first, he paid the installments on time, but after losing his additional source of income, he was no longer able to meet his obligations. Banks and debt collection companies began to demand immediate repayment of the debt, and the bailiff seized part of his salary.<\/em><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><em>Mr. Marek faced a dilemma: <\/em><strong><em>declare bankruptcy and lose your apartment<\/em><\/strong><em> or find another solution. He decided to use <\/em><strong><em>consumer system<\/em><\/strong><em>. With the support of a restructuring advisor, he presented the creditors with a proposal to repay the 60% debt over 5 years, spread over affordable installments. The creditors agreed to the arrangement because it allowed them to recover a larger portion of the debt than in the case of a standard bankruptcy.<\/em><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><em>Thanks to this, Mr. Marek kept his apartment, could continue working and gradually pay off his debts, avoiding the complete liquidation of his assets. This shows that a consumer agreement can be an effective tool for getting out of debt without having to lose your life&#039;s work.<\/em><\/p>\n\n\n\n<figure class=\"wp-block-image size-full\"><a href=\"https:\/\/pmrsa.pl\/en\/consumer-bankruptcy\/\"><img decoding=\"async\" width=\"775\" height=\"185\" src=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/02-upadlosc-konsumencka.jpg\" alt=\"\" class=\"wp-image-11821\" title=\"\" srcset=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/02-upadlosc-konsumencka.jpg 775w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/02-upadlosc-konsumencka-300x72.jpg 300w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/02-upadlosc-konsumencka-768x183.jpg 768w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/02-upadlosc-konsumencka-18x4.jpg 18w\" sizes=\"(max-width: 775px) 100vw, 775px\" \/><\/a><\/figure>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"aioseo-wymogi-formalne-wniosku-i-sposob-jego-zlozenia\"><strong>Formal requirements of the application and the method of its submission<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The application to open the proceedings for concluding an arrangement at the meeting of creditors should contain elements corresponding to the application for declaring bankruptcy, and therefore it should include:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>name and surname, place of residence, address and PESEL number of the debtor, and if the debtor does not have a PESEL number \u2013 other data enabling his unambiguous identification;<\/li>\n\n\n\n<li>the debtor&#039;s Tax Identification Number (NIP), if the debtor had such a number within the last ten years prior to the date of submission of the application;<\/li>\n\n\n\n<li>indication of the places where the debtor\u2019s assets are located;<\/li>\n\n\n\n<li>indication of the circumstances justifying the application and their plausibility;<\/li>\n\n\n\n<li>an up-to-date and complete list of assets with an estimated valuation of its components;<\/li>\n\n\n\n<li>a list of creditors with their addresses, the amounts owed by each of them and the payment deadlines;<\/li>\n\n\n\n<li>a list of disputed receivables, indicating the extent to which the debtor disputes the existence of the receivable; indicating a receivable in the list of disputed receivables does not constitute its recognition;<\/li>\n\n\n\n<li>information on the income earned and the costs incurred for the maintenance of themselves and the persons supported by the debtor in the last six months prior to the date of submission of the application;<\/li>\n\n\n\n<li>information on legal acts performed by the debtor in the last twelve months prior to the date of submission of the application, the subject of which were real estate, shares or stocks in companies;<\/li>\n\n\n\n<li>&nbsp;information on legal acts performed by the debtor in the last twelve months prior to the date of submission of the application, the subject of which were movable assets, receivables or other rights whose value exceeds PLN 10,000;<\/li>\n\n\n\n<li>declaration of the truthfulness of the data contained in the application<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Moreover, an element necessary for taking such a request into consideration is the indication of preliminary arrangement proposals.<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Together with the application to open the arrangement proceedings at the meeting of creditors, the consumer also pays an advance payment for the expenses of the proceedings, in the amount of the average monthly salary in the corporate sector, excluding profit bonuses, in the third quarter of the previous year, as announced by the President of the Central Statistical Office.<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In the event that the court decides to refer the case to composition proceedings, the consumer shall pay an advance to the court supervisor within 30 days from the date of opening of the composition proceedings, under penalty of discontinuation of the proceedings and consideration of the bankruptcy petition.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"aioseo-kto-moze-zlozyc-propozycje-ukladowe\"><strong>Who can submit arrangement proposals?<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<figure class=\"wp-block-image size-full\"><a href=\"https:\/\/pmrsa.pl\/en\/contact\/#contact\"><img decoding=\"async\" width=\"775\" height=\"185\" src=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/04-bezplatna-konsultacja.jpg\" alt=\"\" class=\"wp-image-11824\" title=\"\" srcset=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/04-bezplatna-konsultacja.jpg 775w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/04-bezplatna-konsultacja-300x72.jpg 300w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/04-bezplatna-konsultacja-768x183.jpg 768w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/04-bezplatna-konsultacja-18x4.jpg 18w\" sizes=\"(max-width: 775px) 100vw, 775px\" \/><\/a><\/figure>\n\n\n\n<p class=\"wp-block-paragraph\">In accordance with applicable regulations, arrangement proposals may be submitted by:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Fallen<\/strong> \u2013 a debtor who is a consumer who wants to settle his obligations on terms that will enable him to continue functioning,<\/li>\n\n\n\n<li><strong>Creditor<\/strong> \u2013 an entity interested in recovering as much of its receivable as possible,<\/li>\n\n\n\n<li><strong>Trustee<\/strong> \u2013 the body conducting the proceedings, which may propose a solution beneficial to all parties.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Importantly, the provisions of bankruptcy law provide for the possibility of concluding an arrangement also after the declaration of bankruptcy, in order to optimally satisfy the creditors from the bankrupt&#039;s assets.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"aioseo-przykladowe-propozycje-ukladowe\"><strong>Examples of arrangement proposals<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><em><strong>Example 1: Debt payment in installments with partial interest cancellation<\/strong><\/em><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Situation:<\/strong><br>Mrs. Anna, an administrative employee, has a total debt of <strong>80,000 PLN<\/strong> (with interest) to several creditors. Her current income allows her to repay some of her debts, but she is unable to repay the full amount in a short time.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Arrangement proposal:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Debt divided into 60 monthly installments<\/strong> 1,000 PLN each.<\/li>\n\n\n\n<li><strong>Write-off of 30% accrued interest<\/strong> by creditors.<\/li>\n\n\n\n<li><strong>Postponement of the first installment by 6 months<\/strong>to enable the debtor to stabilize financially.<\/li>\n\n\n\n<li><strong>Obligation to pay additional contribution in case of higher income<\/strong> (e.g. bonus or salary raise).<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Benefits for creditors:<\/strong> Gradually repaying a larger portion of the debt instead of lengthy bankruptcy proceedings.<br><strong>Benefits for the debtor:<\/strong> Possibility of repayment in reasonable installments without the need to sell assets.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><em><strong>Example 2: Partial debt cancellation with lump sum repayment of the remainder<\/strong><\/em><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Situation:<\/strong><br>Mr. Krzysztof, a former entrepreneur, has incurred debts amounting to <strong>120,000 PLN<\/strong>. Has savings of <strong>50,000 PLN<\/strong>, but there is no stable income. Creditors expect quick repayment and do not want long-term installments.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Arrangement proposal:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>One-time repayment of PLN 50,000<\/strong> for the benefit of creditors within 30 days.<\/li>\n\n\n\n<li><strong>Cancellation of the remaining part of the debt<\/strong> (70,000 PLN) as a form of settlement.<\/li>\n\n\n\n<li><strong>Creditors waive the charging of further interest and collection costs<\/strong>.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Benefits for creditors:<\/strong> Quick and certain repayment of part of the debt, instead of lengthy enforcement proceedings.<br><strong>Benefits for the debtor:<\/strong> Complete closure of the case without the need for further debt service.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"aioseo-czy-mozna-wstrzymac-likwidacje-majatku\"><strong><a href=\"https:\/\/pmrsa.pl\/en\/withdrawal-of-a-consumer-bankruptcy-application\/\" title=\"\">Is it possible to suspend the liquidation of assets?<\/a><\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Submitting an arrangement proposal may involve a request to fully or partially stay the liquidation of the bankruptcy estate until the arrangement is approved.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">However, this will not always be possible \u2013 the regulations provide for several significant restrictions:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Liquidation cannot be stopped<\/strong>, if the arrangement does not provide for immediate satisfaction of receivables not covered by the arrangement after approval of the arrangement and completion of the proceedings.<\/li>\n\n\n\n<li><strong>The liquidation of assets encumbered with a mortgage, pledge, registered pledge, fiscal pledge or maritime mortgage cannot be suspended.<\/strong>, if the secured creditor objects.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">In practice, this means that a debtor who wants to retain his or her assets must present a credible, feasible repayment plan to his or her creditors and obtain their acceptance.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>What does the process of accepting the arrangement look like?<\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<figure class=\"wp-block-image size-full\"><a href=\"https:\/\/pmrsa.pl\/en\/the-effects-of-making-a-donation-before-declaring-bankruptcy-case-studies\/\"><img loading=\"lazy\" decoding=\"async\" width=\"827\" height=\"354\" src=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2024\/11\/Posty-na-strone-1.png\" alt=\"\" class=\"wp-image-12235\" title=\"\" srcset=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2024\/11\/Posty-na-strone-1.png 827w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2024\/11\/Posty-na-strone-1-300x128.png 300w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2024\/11\/Posty-na-strone-1-768x329.png 768w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2024\/11\/Posty-na-strone-1-18x8.png 18w\" sizes=\"(max-width: 827px) 100vw, 827px\" \/><\/a><\/figure>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If the judge-commissioner considers that the arrangement has a chance of being implemented, i.e. it is probable that the arrangement will be accepted by the creditors and implemented, he convenes a meeting of creditors, during which a vote is held. The arrangement is approved if the majority of creditors vote in favor of its acceptance. After the final approval of the arrangement, the court issues a decision to terminate the bankruptcy proceedings.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In order for the arrangement to be accepted, the judge-commissioner must decide to convene a meeting of creditors, which will vote on the arrangement proposals. The conditions for this stage are as follows:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong><a href=\"https:\/\/pmrsa.pl\/en\/the-role-of-the-judge-commissioner-in-bankruptcy-proceedings\/\" title=\"\">Judge-Commissioner<\/a> may convene a meeting of creditors<\/strong>, if there is a high probability that the arrangement will be accepted and implemented.<\/li>\n\n\n\n<li><strong>Convening a meeting is mandatory<\/strong>, if the arrangement proposals are supported by creditors having a total of at least 50% of the sum of receivables.<\/li>\n\n\n\n<li><strong>The vote on the arrangement takes place after the approval of the list of receivables.<\/strong><\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">In the event that the list of claims has been approved by the judge-commissioner only partially, to the extent not covered by the objections, the said meeting shall be convened if the sum of the claims covered by the objections does not exceed 151 TP3T of the sum of the claims covered by the arrangement.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"aioseo-okres-wykonania-ukladu\"><strong>The period of execution of the system<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The arrangement in consumer bankruptcy is concluded for a period not exceeding 5 years. However, it should be remembered that in the case where it covers receivables secured in kind, the time of its execution may be set for a period exceeding 5 years, taking into account the possible need to secure the receivables of mortgage creditors.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"aioseo-zakonczenie-postepowania-i-wynagrodzenie-syndyka\"><strong>Completion of the proceedings and the trustee&#039;s remuneration<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">After the final approval of the arrangement, the court issues a decision to terminate the proceedings and the trustee may be granted a final <a href=\"https:\/\/pmrsa.pl\/en\/how-much-does-a-trustee-earn\/\" title=\"\">remuneration<\/a> on more favorable terms.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"aioseo-rola-nadzorcy-sadowego\"><strong>The role of the judicial supervisor<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">According to the provisions of bankruptcy law, the debtor in consumer bankruptcy executes the arrangement with the help of a court supervisor, whose duty is to maintain control over its proper execution. The debtor is therefore obliged to pay the necessary funds to the supervisor&#039;s account for the execution of the concluded arrangement. This comes down to the need to appoint a supervisor in the arrangement proceedings, who should contribute to increasing the trust of the creditors.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"aioseo-podsumowanie\"><strong>Summary<\/strong><\/h4>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<figure class=\"wp-block-image size-full\"><a href=\"https:\/\/pmrsa.pl\/en\/about-us\/\"><img loading=\"lazy\" decoding=\"async\" width=\"775\" height=\"185\" src=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/22-o-nas.jpg\" alt=\"\" class=\"wp-image-11829\" title=\"\" srcset=\"https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/22-o-nas.jpg 775w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/22-o-nas-300x72.jpg 300w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/22-o-nas-768x183.jpg 768w, https:\/\/pmrsa.pl\/wp-content\/uploads\/2025\/03\/22-o-nas-18x4.jpg 18w\" sizes=\"(max-width: 775px) 100vw, 775px\" \/><\/a><\/figure>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A consumer arrangement in bankruptcy is an attractive alternative for debtors who want to avoid total liquidation of assets and at the same time settle their obligations. Although this process requires the consent of creditors, it can be an effective tool for debt restructuring and returning to financial stability.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Every situation is different, so it is crucial to match the solution to the individual possibilities and expectations of creditors. If you are wondering whether a consumer arrangement is the right option for you, it is worth consulting with specialists who will help analyze the situation and choose the best path to regain control over your finances.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong><a href=\"https:\/\/pmrsa.pl\/en\/about-us\/\" title=\"\">Are you considering such a step? We will be happy to help you through the entire process and find a solution tailored to your situation.<\/a><\/strong><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>","protected":false},"excerpt":{"rendered":"<p>You don&#039;t have to be a business owner to enter into an arrangement with creditors. A private debtor (a consumer) who has become insolvent and is unable to repay their debts may apply to the bankruptcy court to initiate arrangement proceedings at a meeting of creditors. Many people associate consumer bankruptcy with the complete liquidation of assets, including, for example, an apartment or the house where they live with their family. However, the law also provides an alternative solution \u2013 a consumer arrangement, which allows insolvent individuals to avoid the sale of all assets and repay their debts under modified, more favorable terms. Learn what a consumer arrangement is. In this article, we explain what a consumer arrangement is, the conditions for its conclusion, and the benefits it can bring to the debtor and creditors. We also discuss the process of court approval of an arrangement, its implementation, and the role of a court supervisor. If you are facing financial problems, it is worth exploring this form of debt restructuring as a real opportunity to overcome a difficult situation. Table of Contents: Consumer bankruptcy is often viewed as a process leading to the liquidation of the debtor&#039;s assets and complete debt relief. However, bankruptcy law also provides for the possibility of concluding an arrangement, which can allow for a more flexible debt resolution. In this article, I will present the basic principles of a consumer arrangement in bankruptcy proceedings. A consumer arrangement is a legal institution that allows individuals who have found themselves insolvent to restructure their debts within bankruptcy proceedings. This solution allows the debtor to avoid the complete liquidation of their assets and reach a compromise with their creditors, allowing them to gradually repay their debts under the terms specified in the arrangement. An arrangement is possible when the debtor remains insolvent, but their financial situation allows them to settle their debts through modifications to the repayment terms. What is a consumer arrangement? A consumer arrangement in bankruptcy proceedings is an agreement between the bankrupt and their creditors concerning the repayment of debts in a specified manner. It may involve payment by installments, deferral of payment deadlines, partial debt write-off, or other solutions tailored to the debtor&#039;s financial situation. Concluding an arrangement allows the bankrupt to avoid the complete liquidation of their assets, which can be beneficial, especially if the bankrupt has valuable assets (e.g., real estate) that would be sold in the event of liquidation. To conclude an arrangement, the consumer debtor applies to the relevant bankruptcy court to open arrangement proceedings at a meeting of creditors. Under applicable law, the bankruptcy court may also refer a debtor who has filed a bankruptcy petition to proceedings seeking approval of the arrangement at a meeting of creditors, unless the debtor has declared in the bankruptcy petition that they do not consent to participating in arrangement proceedings at a meeting of creditors. The factors that determine whether the court will refer the debtor to such proceedings are the debtor&#039;s earning capacity and professional situation, based on which the court assesses the debtor&#039;s ability to cover the costs of the arrangement proceedings and to implement them without harming creditors. A practical example \u2013 how does a consumer arrangement work? Mr. Marek, a 45-year-old teacher, has been taking out loans for years to renovate his apartment and treat a sick family member. Initially, he paid his installments on time, but after losing his additional source of income, he was no longer able to meet his obligations. Banks and debt collection agencies began demanding immediate repayment of the debt, and a bailiff seized part of his salary. Marek faced a dilemma: declare bankruptcy and lose his apartment, or find another solution. He decided to pursue a consumer arrangement. With the support of a restructuring advisor, he presented his creditors with a proposal to repay the 60% debt over five years, spread over affordable installments. The creditors agreed to the arrangement because it allowed them to recover a larger portion of the debt than in a standard bankruptcy. As a result, Marek retained his apartment, could continue working, and gradually repay his debts, avoiding the complete liquidation of his assets. This demonstrates that a consumer arrangement can be an effective tool for getting out of debt without having to lose his life&#039;s possessions. Formal requirements and method of submission: A motion to open arrangement proceedings at a meeting of creditors should contain elements corresponding to a bankruptcy petition. Therefore, it should include: Furthermore, a preliminary arrangement proposal is necessary for such a motion to be granted. Along with the motion to open arrangement proceedings at a meeting of creditors, the consumer also pays an advance payment for the costs of the proceedings, equal to the average monthly salary in the corporate sector, excluding profit bonuses, in the third quarter of the previous year, as announced by the President of the Central Statistical Office. If the court decides to refer the case to arrangement proceedings, the consumer must pay the advance payment to the court supervisor within 30 days of the opening of arrangement proceedings, failing which the proceedings will be discontinued and the bankruptcy petition will be considered. Who can submit arrangement proposals? Under applicable regulations, arrangement proposals may be submitted by: Importantly, bankruptcy law allows for the possibility of concluding an arrangement even after the declaration of bankruptcy, in order to optimally satisfy creditors from the bankrupt&#039;s assets. Example Arrangement Proposals Example 1: Debt Payment by Installments with Partial Interest Waiver Situation: Ms. Anna, an administrative employee, owes a total debt of PLN 80,000 (including interest) to several creditors. Her current income allows her to repay some of her debt, but she is unable to repay the full amount within a short period of time. Arrangement Proposal: Benefits for Creditors: Gradual repayment of a larger portion of the debt instead of lengthy bankruptcy proceedings. Benefits for the Debtor: Ability to repay in reasonable installments without having to sell assets. Example 2: Partial Debt Waiver with a lump sum payment of the remaining balance Situation: Mr. Krzysztof, a former entrepreneur, has incurred debts of PLN 120,000. He has savings of PLN 50,000 but lacks a stable income. Creditors expect quick repayment and do not want long-term installments. Arrangement proposal: Benefits for creditors: Quick and certain repayment of part of the debt, instead of lengthy enforcement. Benefits for the debtor: Complete resolution of the case without the need for further debt service. Can the liquidation of assets be suspended? Submitting arrangement proposals may involve a request to fully or partially suspend the liquidation of the bankruptcy estate until the arrangement is approved. However, this will not always be possible \u2013 the regulations provide several significant restrictions: In practice, this means that a debtor who wishes to retain their assets must present a credible, achievable repayment plan to creditors and obtain their approval. What is the process for approving an arrangement? If the judge-commissioner determines that the arrangement has a chance of being implemented, meaning that it is likely that the arrangement will be accepted and implemented by the creditors, he or she convenes a meeting of creditors, during which a vote is held. The arrangement is approved if the majority of creditors vote in favor.<\/p>","protected":false},"author":18,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[19],"tags":[],"ppma_author":[37],"class_list":["post-11815","post","type-post","status-publish","format-standard","hentry","category-blog"],"authors":[{"term_id":37,"user_id":18,"is_guest":0,"slug":"k-kaminskapmr-restructuring-pl","display_name":"Karolina Kami\u0144ska","avatar_url":{"url":"https:\/\/pmrsa.pl\/wp-content\/uploads\/2024\/09\/user16.jpg","url2x":"https:\/\/pmrsa.pl\/wp-content\/uploads\/2024\/09\/user16.jpg"},"0":null,"1":"","2":"","3":"","4":"","5":"","6":"","7":"","8":""}],"_links":{"self":[{"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/posts\/11815","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/users\/18"}],"replies":[{"embeddable":true,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/comments?post=11815"}],"version-history":[{"count":0,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/posts\/11815\/revisions"}],"wp:attachment":[{"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/media?parent=11815"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/categories?post=11815"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/tags?post=11815"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/pmrsa.pl\/en\/wp-json\/wp\/v2\/ppma_author?post=11815"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}